U. S. DEPARTMENT OF AGRICULTURE, 

FOREST SERVICE 

HENRY S. GRAVES, Forester. 



THE NATIONAL FOREST MANUAL. 

REGULATIONS OF THE SECRETARY OF AGRICULTURE AND 

INSTRUCTIONS TO FOREST OFFICERS RELATING 

TO AND GOVERNING SPECIAL USES OF 

THE NATIONAL FOREST LANDS. 



ISSUED BY THE 

SECRETARY OF AGRICULTURE, 

TO TAKE EFFECT 

MAY 1, 1911. 



SPECIAL USES. 




WASHINGTON : 

GOVERNMENT PRINTING. OFFICE. 

1911. 




Class o i\ U- Z (7 
Book_ 



I f//G 



U. S. DEPARTMENT OF AGRICULTURE, 

W'^ FOREST SERVICE. 
(I 

HENRY S. GRAVES, Forester. 



THE NATIONAL FOREST MANUAL. 

REGULATIONS OF THE SECRETARY OF AGRICULTURE AND 
INSTRUCTIONS TO FOREST OFFICERS RELATING 

TO AND GOVERNING SPECIAL USES OF /, . ' 

THE NATIONAL FOREST LANDS. 



ISSUED BY THE 

SECRETARY OF AGRICULTURE, 

TO TAKE EFFECT 

MAY 1, 1911. 



SPECIAL USES. 




WASHINGTON : 

GOVERNMENT PRINTING OFFICE. 

1911. 



y^o 



's^^^^, 



w 



The Secretary * * * j^^y make^ such rules and regula- 
tions * * * as will insure the objects of said reservations, 
namely, to regulate their occupancy and use and to preserve the 
forests thereon from destruction; and any violation of this act or 
such rules and regulations shall be punished (by $500 fine or 12 
months' imprisonment, or both) as is provided for in the act of June 
4, 1888, amending section 5388 of the Revised Statutes of the United 
States. (Act of June 4, 1897, 30 Stat., 11.) 



nM ss 1911 



5^ 



CONTENTS 



Page. 

Regulations 6 

Procedure in special-use cases 9 

Closing special -use cases 12 

Ancient ruins and relics 12 

Hotels and dwellings adjacent to mineral springs 13 

Special use on administrative sites 13 

Advertising signs 13 

Roads and trails 13 

Conduits and reservoirs for irrigation 14 

Telephone lines 14 

Telegraph lines 15 

Special uses on claims 15 

Permits on Forest homesteads 15 

Drift fences. 16 

Corrals 17 

Pastures 17 

Permits under regulation L-37 18 

Stock tanks 18 

Wild hay 19 

Game preserves and fish cultiu-e 19 

Special requirements 19 

Interior Department rights of way: 

Explanations 22 

Procedure 23 

Breach of stipulations 25 

Forfeiture of grants 25 

Special-use forms: 

Special-use permit 26 

Railroad stipulations 28 

Irrigation, municipal, and mining stipulations 30 

Letter of transmittal 32 

Index 33 

3 



THE NATIONAL FOREST MANUAL. 



The fullest possible use of National Forest lands and resources is 
desired and will be encouraged, with no restrictions except such as 
are necessary to accomphsh the purposes for which the National 
Forests are created. 

Administrative jurisdiction over National Forests is conferred by 
law upon the Secretary of Agriculture (act of Feb. 1, 1905, 33 Stat., 
628), who is authorized to regulate their occupancy and use (act of 
June 4, 1897, 30 Stat., 11). 

The Secretary of the Interior has jurisdiction of all matters relating 
to the patenting and official survey of lands in the National Forests, 
and of grants of rights of way amounting to easements. By the 
practice and regulations of the Department of the Interior applica- 
tions for rights of way in the National Forests are referred to the 
Secretary of Agriculture by the Secretary of the Interior for recom- 
mendations before final action thereon. 



United States Department of Agriculture, 

Office of the Secretary, 

Washington. 
By virtue of the authority vested in the Secretary of Agriculture 
by the act of Congress of February 1, 1905 (33 Stat., 628), amenda- 
tory of the act of Congress of June 4, 1897 (30 Stat., 11), I, James 
Wilson, Secretary of Agriculture, do make and publish the following 
regulations for the occupancy and use of National Forest lands under 
''special-use" permits, the same to supersede all previous regulations 
for like purposes and to be in force and effect from the 1st day of 
May, 1911, and to constitute a part of the Use Book. 

In testimony whereof I have hereunto set my hand and official 
seal, at Washington, D. C, this 18th day of March, 1911. 

James Wilson, 
Secretary of Agriculture. 
5 



SPECIAL USE EEGULATIONS. 

Reg. L-31. All uses of National Forest lands and resources, ex- 
cept those specifically provided for in regulations governing water 
power, timber sales, timber settlement, the free use of timber, 
and grazing, will be designated "special use." Permits for special 
uses, except for the excavation of antiquities under the act of June 8, 
1906, and except for the lease of lands under the act of February 28, 
1899, may be granted, extended, and renewed by the Forester, the 
District Forester, or the Forest supervisor, with such conditions as to 
area, time, charges, and other requirements as may be provided 
for by these regulations, or as may be deemed necessary to protect the 
National Forests. Permits for the excavation of antiquities and for 
the lease of lands under the act of February 28, 1899, will be granted 
and revoked only by the Secretary of Agriculture. Permits for sale of 
wild hay may be granted by Forest officers designated by the Forest 
supervisor. Special-use permits, except for the excavation of 
antiquities, and except for the lease of lands under the act of Feb- 
ruary 28, 1899, may be revoked by the Forester or the District 
Forester and not by the supervisor. Applications for permits for 
special uses shall be made to the supervisor of the Forest within 
which the lands or resources are situated. Appeal will lie in the 
first instance to the District Forester, from his decision to the Forester, 
and from his decision to the Secretary of Agriculture, in aU matters 
covered by these special-use regulations. 

Reg. L-32. No charge will be made for the following classes of 
special-use permits : 

(a) Excavation of antiquities under the act of June 8, 1906. 

(h) Agricultural use by applicants having preference rights under 
the act of June 11, 1906. 

(c) Schools, churches, and cemeteries. 

(d) Cabins for use of miners, prospectors, trappers, and stockmen 
in connection v/ith grazing permits, provided that stockmen's cabins 
used during the entire year as headq^uarter ranches will be classified 
as residences and charged for accordingly. 

(e) Corrals, stock tanks, and drift fences in connection with grazing 
permits. 

(f) Dipping vats where no toll is charged. 

(g) Inclosures allowed under regulation L-37. 

Qi) SawmiUs sawing principally timber obtained from the national 
forests. 

(i) Conduits and reservoirs for irrigation or mining or municipal 
water supplies. 

(?) Roads and trails (which must be free public highways). 

(k) Logging railroads and tramways hauling timber obtained 
principally from the National Forests. 

(Z) Telephone lines with free use and free connection by Forest 
Service. 

(m) Telegraph lines with free use of poles for stringing Forest 
Service telephone lines. 

(n) Stone, earth, and gravel used for projects constructed under 
permit. 



NATIONAL. FOREST MANUAL SPECIAL USES. 



(o) Special use by claimant inconsistent with development of an 
unperfected claim on lands which are part of a National Forest. 

{p) Small advertising signs which also serve as guideposts. 

Beg. L-33. The occupancy and use of National Forest land or 
resources under a special-use permit, except as provided in Regulation 
L-32, shall be conditioned upon the payment of a charge, which, 
unless otherwise authorized by the Secretary of Agriculture, shall 
be based upon the following rates : 



Kinds. 


Rates per annum. 


Explanation. 


Agricultural 


$0.25 to $1 per acre. Not 
under $2 for any permit. 

Minimum $5, 10 cents per 
hive for each hive over 
50; hives to be counted 
in March each year. 

$3 to $5 


Not over 160 acres to any one per- 
mittee . ( Free to preferred appli- 
cants under act of June 11, 1906. 
1 to 3 acres. 


Apiaries 


Cabins 


1 acre or less. (Free to trappers, 
miners, and prospectors; and 
to stockmen in connection with 
grazing permits.) 

2 acres or less. 


Dipping vats (toll 

vats). 
Gravel 


$10 to $20 


10.02 per cubic yard; not 

under $2 for any permit. 

Special rates on area 

basis. 
$0.20 to $0.50 per acre; not 

under $2 for any permit. 
$10 to $50 


Free for projects constructed im- 
der permit. 


Hay cutting 


Hotels and road- 


1 to 3 acres. 


houses. 
L/ime kilns 


$10 


1 acre. 


Pastures 


$0.04 to $0.25 per acre ; not 
under $2 for any permit. 

$5 per mile 


Not over 320 acres to any one per- 
mittee. (Charge is in addi- 
tion to regular grazing fee.) 

No charge for logging railroads 
hauling timber obtained princi- 
pally from the National Forests. 

1 to 3 acres 


Railroads 


Residences 


$5 to $25 


Resorts 


$10 to $50 


Do. 


Sawmills, under 


$10 


1 to 10 acres. (No charge for 
mills sawing principally Gov- 
ernment timber.) 


20,000 feet per day, 
sawing principally 
private timber. 

Sawmills, over 20,000 
feet per day, saw- 
ing principally pri- 
vate timber. 

Slaughterhouses 

Stage stations 


Special rates 


$10 to $20 


1 to 3 acres. 


$5 to $15 


2 acres or less (without hotel 

features). 
2 acres or less. 


Stores 


$5 to $50 


Tramways (aerial) 

Telegraph lines 

Telephone lines 


$10 to $50 


No charge for tramways convey- 
ing tmiber obtained Princi- 
pally from the National Forests. 

No charge if applicant enters into 
agreement for free use of poles 
by Forest Service for stringing 
telephone lines. 

No charge if applicant enters into 
free use and free connection 
agreements. 


Special rates 


.....do 







8 NATIONAL FOREST MANUAL SPECIAL USES. 

Within the maximum and minimum rates established herein the 
Forest supervisor will determine the rate to be charged in each case. 

Rates for special uses not herein provided for shall be determined 
by the District Forester in each case, and such rates shall be consistent 
with the rates herein established for similar special uses. 

Compensation for the use of lands under the act of February 28, 
1899, for hotels and dwellings adjacent to mineral and medicinal 
springs, shall be determined by the Secretary of Agriculture. 

In case of abandonment and issuance of new permit any payments 
made upon the original permit may apply on the new permit, in the 
discretion of the District Forester. 

Reg. L-34. In serious emergencies for the protection of life or 
property National Forest material may be taken without previous 
permit, provided a permit for the material so used and for the special 
use involved is subsequently secured at the earliest opportunity. 

Reg. L-35. The Forest supervisor may, in his discretion, issue 
permits to any road district, county, person, or corporation for the 
free use of timber, stone, and other National Forest products for the 
construction or maintenance of roads or trails within National Forests, 
without prejudice to any free-use application they may make in the 
same year for material for other purposes, when such roads or trails 
are of sufficient public benefit to justify the free use. When the 
public benefit does not justify such free use the permittee must pay 
for all merchantable timber cut or destroyed upon the lands occupied 
under permit, under timber settlement regulations ; or if timber out- 
side such lands is required, under timber-sale regulations. 

Reg. L-36. Wagon roads over National Forest lands may be con- 
structed, changed, widened, or repaired without permit by States or 
counties. With this exception, permits are necessary for the construc- 
tion of air wagon roads over such lands. Trails may be constructed 
without formal permit if done with the consent and under the super- 
vision of a Forest officer, except that in the National Forests in Alaska 
such consent and supervision wiU not be required. No toU shall be 
charged for the use of roads or trails over such lands, constructed under 
the authority of the Secretary of Agriculture, and the same shall be 
open to free public use at all times. 

Reg. L-3v . Persons who ov/n or have leased from the owners un- 
fenced lands adjoining National Forest lands may, upon waiving their 
right to the exclusive use of such private land and allowing it to 
remain open to other stock grazed on National Forest lands under 
permit, be permitted without charge to inclose and use not to exceed 
320 acres or National Forest land, when such an arrangement wiU be 
advantageous to the administration of the National Forest. 

The application must be accompanied by a personal certfficate 
of title showing the description and ownership of the land, and if 
leased from an owner, a copy of the lease, and must describe the 
National Forest land it is desired to occupy. Permits will be subject 
to the same restrictions as those issued under other regulations. 



PROCEDURE IN SPECIAL USES. 

United States Department of Agriculture, 

Forest Service, 
Washington, March 18, 1911. 
The following procedure and instructions are hereby established 
and issued, to take effect on May 1, 1911, governing the enforcement 
of the special-use regulations of the Secretary of Agriculture made 
and promulgated for the use, occupancy, and protection of the 
National Forests. 

H. S. Graves, Forester. 
Approved : 

James Wilson, 

Secretary. 



All uses of National Forest lands and resources permitted by the 
. . Secretary of Agriculture, except those specifically 

special uses.°° provided for in regulations covering water power, 
timber sales, timber settlement, the free use of tim- 
ber, and grazing, are designated "special uses." Among these are 
the use or occupancy of lands for residences, farms, apiaries, dairies, 
schools, churches, stores, mills, factories, hotels, sanitariums, sum- 
mer resorts, telephone and telegraph lines, roads, and railways; the 
occupancy of lands for dams, reservoirs, and conduits, not used for 
power purposes; and the use of stone, gravel, sand, etc. 

Applications need not be in any prescribed form, but may be made 

orally or by letter to the supervisor or district ranger. 

Applications. All applications made in error to the Forester or 

District Forester will be referred to the supervisor. 

Upon receipt of the applications the supervisor will require from 

the ranger a report on Form 964. This report shall 

Ranger's report, in each instance include a map either on the Form 

964 or on a separate sheet. A report should also be 

made on Form 578& when the use involves the cutting or destruction 

of timber. Conflicts will be determined by field examination rather 

than from the record and maps. 

Whenever the land to be occupied under a special use permit will 
Marking boun- not be inclosed, the field officer should mark the 
daries. boundaries, if practicable, in order to avoid disputes. 

If any special use involves the storage or diversion of water (ex- 
Reference to cept water stored in stock tanks) the supervisor will 
Reclamation Serv- notify the supervising engineer of the Reclamation 
^•^f • Service of the location and extent of the storage and 

diversion, including a plat if necessary. The supervisor will not 
issue the permit until he has received notification from the super- 
vising engineer that the proposed use will not interfere with any 
project of the Reclamation Service. 

90034°— 11 2 9 



10 ISTATIONAL FOREST MANUAL SPECIAL. USES. 

When a free permit is issued, under regulation L-32, the reason 

Special clauses for making no charge should be inserted in the blank 
in free permits. space of the charge clause on page 1 of the permit, as: 
(Telephone permits.) No charge in consideration of free use 
and free connections by the Forest Service. 
No charge for miners' and prospectors' cabins. 
No charge for irrigation and home-building enterprise. 

When an application for a special use is received for which no rate 
is established in regulation L-33, the supervisor will, 

Rates not pro- ];)gfore issuing the permit, submit the case to the Dis- 

r^gulationT ^ ^^^^^^ Forester with recommendations as to the rate to 

be charged. The District Forester will determine the 

rate in the manner prescribed in the regulation, and will return all 

the papers to the supervisor. 

Annual pay - Permits will provide that after the first payment is 
ment due on first made the annual payments thereafter shall become 
day of month. ^^q ajid payable on the first day of the month. 

Except, as otherwise provided by the regulations, or by special 

Preparation instructions in any particular case, all special-use 
and issuance of permits will be signed by the supervisor. Permits 
permit. will be prepared on Form 832, in triplicate. One 

copy will be stamped ''origmal," one "duplicate," and one ''ranger's 
copy." Both original and dupHcate copies will be signed. A letter 
of transmittal of payment (Form 861) in duplicate will be prepared 
and the original sent with the signed original copy of the permit to 
the permittee when a charge is made for the special use. The 
ranger's copy of the permit will be sent to the ranger, and the ranger's 
copy of Form 861 will be retained by the supervisor until he has 
received the original from the fiscal agent, showing that the payment 
has been made, whereupon the supervisor will note the payment on 
his card record (Form 619), send the original to the permittee as his 
receipt, and the duplicate to the ranger, detaching and retaining the 
duplicate stub for his files. 

The supervisor will issue all notices and requests for annual pay- 
ments, and will keep a collection calendar card 

Record and j-^cord (Form 340) as a reminder for sending such 
nua\ payments. ' notices of payments due. Since all payments come 
due on the 1st, the cards will be filed under monthly 
guides in the order in which payments are due. In every case the 
permittee will be notified on Form 362, one month before payment is 
due. If the payment has not been received 15 days after it is due, a 
second notice will then be sent, notifying him that the permit will be 
canceled if the payment is not received within 15 days of the date of 
the second notice. 

As a general rule, bonds will not be required in connection with 

. special-use permits. Dependence should be placed 

eral°"*^^ "^ ^^°" upon the stipulations in each permit to prevent damage 

to the Forest, and a bond should be required only when 

the permittee needs a continuous warning of the danger to the Forest. 

Because of the danger from fire or from stream pollution, an excep- 

Bonds in saw- tion to this rule is made in the case of steam saw- 
mill eases. miUs, and bonds should be required as follows: 

Little danger $300 

Considerable danger — 500 

Great danger - , . 1, 000 



NATIOl^AL FOREST MANUAL — SPECIAL USES, 11 

There is no law authorizing the lease of National Forest lands for a 
term of years, except the act of February 28, 1899 
JTenure of per- ^gQ g^^^^ g^g^^ providing for the lease of lands ad- 
joining mineral springs, but permits to occupy 
National Forest lands for any purpose not inconsistent with their 
administration may be issued for an indefinite period, and will remain 
in force until abandoned or canceled. All special use permits issued 
by supervisors will, therefore, contain the clause: 

This permit may be terminated at any time in the discretion 
of the District Forester. 
Special-use permits issued to applicants in connection with grazing 
permits allow possession for the whole year, but the privilege of use 
only during the period covered by the grazing permit. Such special- 
use permits need not be closed at the end of the grazing season if the 
grazing permits are to be renewed the following year. 

It may happen that a permittee wishes to build an expensive sum- 

„ . mer residence or make a considerable investment on 

erm permi s. ^^^ areas covered by his permit and declines to do so 

without some definite term of occupancy expressed in his permit. 

When this is the case, the following clause may be inserted, and the 

permit sent the District Forester for approval : 

This permit shall terminate after years from the date of 

its approval, or on , 19 _ - . It may also be terminated by 

the District Forester prior to that date for the violation of its 
terms or for serious interference with the administration of the 
National Forests, and may be terminated by the Secretary of 
Agriculture at any time in his discretion. 
Suitable areas near mineral or medicinal springs may be leased for 
the purpose of the erection thereon of sanitariums, hotels, or tem- 
porary dwelling houses in accordance with regulation 31. 

National Forest land should not be devoted to an inferior use so as 
to preclude a higher use. For instance, after the 
Highest use. issuance of a pasture permit it may be found that the 
area covers the only available reservoir site for the water supply of 
the community. In such a case the District Forester should exercise 
his discretion and cancel the permit. Compensation should be made 
if possible by refunding unearned payments or by granting another 
area for pasture purposes. 

Wherever possible, this point should be determined during the 
field examination and where it is evident that eventually a higher 
use can be made of the area than the one applied for, a clause should 
be inserted providing for the higher utilization, thus: 

This permit is issued subject to an application for the use of 
the area for (a reservoir for mumcipal purposes, an irri- 
gation ditch, school purposes, etc.). 
The welfare of the community or the number of people benefited 
should be the factor determining a higher use rather than the amount 
of money to be obtained for the use. 

If the supervisor rejects a special-use application, he will at once 

_ . inform the applicant by letter, giving the reason for 

plicatkms!" ° ^^" rejection and will forward all papers in the case to 

the District Forester for review. All papers will be 

returned to the supervisor for filing. 



12 NATIONAL FOREST MANUAL SPECIAL USES. 

The supervisor will not revoke special-use permits. When the 
necessity for revocation arises, the supervisor v/ill 
pemitT*''"' report the case to the District Forester, who will take 

the necessary action in cases where the permits w^ere 
issued by the supervisor. Permits issued by the District Forester will 
be revoked by the Forester or the Secretary of Agriculture. Notice 
of revocation of permit will be sent in duplicate to the supervisor, 
the original for transmittal by registered mail to the permittee. 

CLOSING SPECIAL-USE CASES. 

The supervisor should promptly close all special-use cases ter- 
minated by nonacceptance or abandonment. If the 

s\^eivis^T permit was issued by the District Forester, the super- 

visor should notify that officer of the action. Notice 

that the case is closed will be sent the applicant or permittee and a 

copy of the notice filed with the record. 

If the -permittee fails to make the first payment, and to avail him- 
self of the privilege granted, the supervisor may close 

first pavmen^^ ^ ^^^® case, and no specific revocation is necessarj^, 
since charge permits do not become effective until 

the first payment is made, but the notice of closure will be sent the 

permittee. 

When the construction of a road or trail is completed, the super- 
visor should close the case by filing with the record a 

and trail1;ases^ statement of such completion of construction. 

In the case of a,gricultural permits to Forest homestead applicants, 
the supervisor will close the case when he is notified 

uporTen^ryofland^ *^^^ ^^® ^^^^ ^^® been listed by the Secretary of 
Agriculture with the Secretary of the Interior under 

the act of June 11, 1906. 

Hay-sale cases will be closed immediately upon receipt of notice 
of payment and of removal of crop, by filing with the 

cases^^^^ ^^"^^ ^ record a statement of such payment and removal. 

ANCIENT RUINS AND RELICS. 

Appropriating, excavating, injuring, or destroying any historic or 
prehistoric ruin or monument, or any object of 
simi?^"^°^^ ^'°^^~ antiquity without permit is prohibited by specific 
act of Congress. 
Any application for a permit to examine ruins, excavate arcliseo- 
logical sites, or gather objects of antiquity on National 
trict^Forester ^^" forest lands, shall be referred to the District Forester, 
who will see that the application is in accordance 
with the uniform rules and regulations of the Secretaries of the 
Interior, Agriculture, and War, under the act of June 8, 1906 (34 
Stat., 225), and will require any necessary amendments of the appli- 
cation. He will submit the application, together with his recommen- 
dations (based on the supervisor's report), to the Forester, who v/iU 
refer the application to the Smithsonian Institution for recommen- 
dation. 



NATIONAL. FOREST MANUAL SPECIAL USES. 13 

When the application is approved by the Smithsonian Institution, 
the Forester will prepare a permit in quintuplicate 
ester*^°° ^^' ^^^ signature of the Secretary of Agriculture. 

After the original has been signed by the Secretary 
it will be sent with three copies to the District Forester, who will for- 
ward the original to the permittee, and two copies to the supervisor, 
one for his files and one for the ranger concerned. 

HOTELS AND DWELLINGS ADJACENT TO MINERAL SPRINGS. ' 

Suitable areas adjacent to mineral or medicinal springs for the erec- 
tion thereon of sanitariums, hotels, or temporary dwelling houses 
may be leased, under the act of February 28, 1899 (30 Stat., 908), for 
such periods and upon such terms as to duration and compensation 
as may be approved by the Secretary of Agriculture. In accordance 
with regulation L-31, the lease will be signed by the Secretary of 
Agriculture. The application must be filed with the supervisor, who 
will forward it to the District Forester, accompanied by special-use 
report (Form 964). The District Forester will forward it to the 
Forester with his recommendations as to the conditions upon v/hich 
the privilege is granted, its duration, and the compensation to be 
requu'ed. After the application has been approved by the Secretary 
of Agriculture and the necessary action has been taken by the For- 
ester, the papers will be returned to the District Forester. 

SPECIAL USB ON ADMINISTRATIVE SITES. 

National Forest lands selected for administrative purposes may be 
used under special-use permits, as any other National 

Must not inter- jp^rest lands, as long as the special use does not prevent 
fere with adminis- • , <> -xi j.i i • • x- t> ^ ^• 

trative use. ^r mteriere with the admmistrative use. rrospecting 

which does not interfere with administrative use 
should be allowed without formal permit. 

All permits for use of administrative sites wiU con- 
wheSeneelSd! ^^^^ ^£e following conditions: 

This permit will be abandoned by the permittee 
on 30 days' notice from the supervisor that the land is needed for 
administrative use by the Forest Service. 

ADVERTISING SIGNS. 

No permits will be issued for conspicuous or unsightly advertising 
Ti iVhti • signs. There is no objection to small signs which will 

not permitted!^^^ serve also as guideposts where guideposts are neces- 
sary. Such permits will be issued free of charge. 

(Kegulation L-32.) 

ROADS AND TRAILS. 

No permits are necessary for the construction or repair of State or 

. county roads. Forest officers will confer with the 

essary^^for"^tate authorities in charge of such work and wOl cooperate 

and county roads, with them in the disposal of refuse and in safeguarding 

the National Forests against injury. 



14 2SrATI0N"AL, EOREST MANUAL SPECIAL. USES. 

The supervisor may, in his discretion, permit the free use of National 
Forest material and products for the construction or 
Free use of ma- repair of roads or trails within National Forests, 
ro"ds! °^ ^^ '^ with prejudice to any free-use apphcation made in the 
same year for material and products for other pur- 
poses, when such ro«,ds or trails are of sufficient public benefit to 
justify the free use. The regular free-use permit form will be used. 
When the road or trail is of a private nature and the apphcant is not 
entitled to a free use, the timber used or destroyed in its construction 
must be paid for. (Regulation L-35.) 

CONDUITS AND EESERVOIRS FOR rBBIGATION. 

„ ., No charge will be made for permits for irrigation 

Free permits. ^^^^^^^^^ t^egulation L-32.) 

As under the act of March 3, 1891, as amended by the act of May 11, 
^ 1898, easements can be secured for irrigation proj'ects 

asemen s. ^^ National Forests, it is unhkely that supervisors 
will be called upon to issue permits for many large projects, 
although apphcations may be received pending the approval of apph- 
cation for easement to the Department of the Interior. 

For small projects the procedure will be the same as in other special- 
use cases. For large projects more accurate and 
Procedure. detailed maps may be required, and also prima facie 

evidence of water appropriation and plans for dams 
and other structures, if the supervisor considers such requirements 
necessary. 

If in the opinion of the supervisor an examination should be made 
„ ... by the District engineer, he will make such a request to 
Ti-?^^^^^^i^Lr the District Forester, who, if he considers it advisable, 
will authorize the examination. 
The report of the Forest oJ0S.cer should show, if possible, whether or 
not any development of water power for the genera- 
Water power. ^Jq-q Qf electric energy is contemplated. 

TELEPHONE LINES. 

Permits are necessary for aU telephone lines within National Forests. 

They wiU be issued with the provision for free use and 

^^Permits neces- ^^^^ connection by the Forest Service, and no charge 

^' will be made. Only in exceptional cases will permits 

be issued without the provision for free use and free connection,^ and 
in such cases the charges wiU be determined for each case on its indi- 
vidual merits. 

Permits are also necessary for all telephone lines along county 
roads. Congress granted rights of way over the pub- 
on coStv^oaS^^ li^ 1^^^ ^^r highways. (U. S. Rev. Stat., sec. 2447.) 
' By that grant the lands of the United States were 
subjected to the servitude of a highway for the benefit of the county. 
Telephone companies must, of course, secure the consent of the 
county authorities for the construction of these lines, but the county's 
title and interest is only that of a right of way, while the fee in the 
land remains in the United States. 

Hence a telephone line on a county road through National Forest 
lands can be operated lawfully only under permission from the Forest 



ISTATIONAL. FOREST MANUAL SPECIAL USES. 15 

Service, notwithstanding any permission from the county. It has 
been generally settled by the courts that telephone lines, when con- 
structed along a highway, are an additional servitude, and that the 
owners of abutting land can require compensation for damages 
through the construction of such telephone lines. The State legisla- 
ture can empower a county to impose such an additional servitude 
upon private lands, provided reasonable compensation is paid, but it 
can give no authority to impose it on the lands of the United States. 

TEIiEGEAPH I.INES. 

Permits are necessary for all telegraph hnes within National Forests, 
. even along county roads, as in the case of telephone 

san^^^ ^ ^^''^^' ^i^^s- N^ charge for permits will be made if the 
applicant agrees to allow the Forest Service the use 
of the poles for stringing telephone hnes needed by the Forest Service 
in connection with the administration of the National Forests and to be 
used exclusively for official business. 

SPECIAL USES ON CLAIMS. 

If a permit is granted to a claimant for special uses on an unper- 
fected claim for purposes outside its development, no charge will be 
made if such use is made by the claimant. Before a permit for special 
uses on an unperf ected claim for purposes outside its development is 
granted to any other person, the written consent of the claimant must 
be obtained by the applicant and filed with the supervisor, and the 
permit will be conditioned upon the payment of the charges fixed by 
regulation L-33. In each case, before such a permit is issued, it will 
be submitted to the District Forester for the purpose of obtaining 
from the District assistant to the Solicitor an opinion whether, under 
the proclamation afFecting the land involved, there is any authority 
in the Forest Service to issue a permit in respect thereto. (For pro- 
cedure when claims are occupied and used without permit for pur- 
poses not consistent with their development, see " Forest Protection.") 

PERMITS ON FOREST HOMESTEADS. 

All persons who settled on agricultural lands in National Forests 

before January 1, 1906, and have not abandoned 
agricvTlturaUand! ^^^ir claims, may, if qualified, perfect title under the 

Forest homestead act, and in the meantime may 
occupy and enjoy their holdings without permit. Other applicants 
under the act, who appear to have the preference right of entry 
under that act, may be issued permits without charge for the 
agricultural use of so much of the land applied for as, in the opinion 
of the supervisor, is chiefly valuable for agriculture, provided that 
the land is not adversely claimed under settlement made before its 
withdrawal, or after its withdrawal and before January 1, 1906. 
When land covered by a paid agricultural permit is applied for by 

the permittee under the Forest homestead act, and 

Payments to the permittee is entitled to its free use in accord- 

tkm under^act'^of ^^^^ with the above instructions, the old special-use 

June 11, 1906! pase should be closed immediately and a free permit 

issued. 



16 NATIOITAL, FOREST MANUAL SPECIAL USES. 

Residence upon the land under the speciai-use permit can not count 
Residence un- ^^ a part of the statutory residence period required 
der permit not before making final proof. Under a ruling of the 
credited on final Department of the Interior, of January 12, 1910, per- 
V^°^^' sons who are permitted to occupy National Forest 

lands for agricultural purposes under special-use permits and who 
aiterwards make a Forest homestead entry on the land must show 
five years' actual residence after entry. 

DSIFT FENCES. 

Drift or division fences may be allowed under permit when they 
Permitted if will facilitate the National Forest administration, and 
benefiting Forest will not interfere with the full use of the range by all 
administration. ^j^q are equitably entitled to it. 

A fence may be constructed or maintained if it does not give con- 
trol of an area in excess of that actually required for 
gr^tTng^permit pasturage of the stock which the person or persons 
maintaining it would be entitled to graze or give 
individual control of particularly desirable portions of the range. 
If the range controlled by a fence is excessive in area and ought to 
be shared by permittees in addition to those now 
chan^'^e^o^f f^aces'^ using it, the fence must be either removed or changed 
^ ' or the range opened to other permittees who are en- 

titled to share in its use. 

All drift or division fences must be provided with 

fences* ^ ^ ^ ° gates at such points as are necessary to allow proper 

ingress and egress. 

Whenever drift fences are needed for the better control of stock 

grazed under permit, all forest material needed for 

teriafs^^^*' ^^~ ^^® ^ their construction may be furnished from the 

National Forest free of charge, and in cases where the 

circumstances justify it the necessary wire and staples may also be 

furnished, if the stockmen using the range are willing to construct 

such fences with the understanding that they v/ill become the property 

of the United States. 

Permits for drift fences will be granted without 
Charge. charge if necessary to control stock grazed under 

permit. 

The map accompanying the report should in each 
Map. case show the location of the drift fence and its length 

in rods or miles. 
If a person maintaining fences upon the public lands applies for a 
special-use permit for the construction and maintenance of a part of 
the same fence or of another fence upon National Forest land, the 
supervisor will, before issuing a permit, prepare a letter for the signa- 
ture of the District Forester to the Chief of Field Division of the Gen- 
eral Land Office, informing him of the existence of such fence on the 
public land and asking him whether the issuance of such special-use 
permit by the Forest Service would in any way embarrass the Depart- 
ment of the Interior. If no objection is made by the Department of 
the Interior^ such special-use permit may be issued.^ 



NATIONAL FOREST MANUAL SPECIAL USES. 17 

CORIIALS. 

Permits for corrals covering an area of not more than 1 acre 
. , may be issued without charge when necessary for 
reapermi e . ^^^ proper handhng of permitted live stock on a 
National Forest. 

PASTURES. 

The construction of inclosures may be allowed when necessary 
. for the proper handling of permitted stock. Only 

such area, not to exceed 320 acres, shall be allowed 
as is necessary in each individual case. Pasture permits allow 
exclusive possession during the entire year, but do not convey the 
right to graze stock within the inclosure, except in connection with 
and during the period covered by the grazing permit. Stock exempt 
from fee may be allowed to graze within a pasture during the year- 
long period. 

In pasture permits provision must be made, when necessary for 
utilization of the adjoining range, to allovf free 
water ^^ ^ ^ * ° access to water by any stock grazing under per- 
mit. 
Inclosures will be allowed: 

f • 1 (a) To pasture saddle horses, milch or work ani- 

ures ^ ^^^ °^" ^^^^7 graded or pure-bred stock, and bulls or rams. 

(b) To pasture beef or stock cattle which are being 

gathered and held just previous to their removal from the Forest, and 

to pasture calves which are being weaned. 

(c) To give settlers who live upon lands either within or on the 
border of a National Forest the exclusive use of adjoining pasture 
lands during the portion of the year when needed for protection 
against other stock. 

Inclosures for stock exempt from permit should not be greater than 
-, t t k ^^ needed for 10 head, and, unless there is good reason 
xemp s oc . ^^^ -^^ ^^^ more than 80 acres should be allowed for 
this purpose. 

When the area applied for includes land now bearing trees the 
effect v/hich grazing would have on reproduction 
timbe/'^ ^°° should be carefully considered before the applica- 

tion is approved. 
In fixing the charge within the minimum and maximum estab- 
. . lished by regulation L-33, the character of the land, 
of chsfrge^'^^ ^°° ^^® quantity of the pasturage, the presence of per- 
manent water, and the demand should all be consid- 
ered. An advance over the minimum should be made whenever the 
area applied for is particularly desirable. 

Pasture, agricultural, and wild-hay land may be allowed under a 
- single permit, but in no case shall the agricultural 

unde? permir^^^ land exceed 160 acres nor the pasture land 320 acres, 
and the charges for the three uses will be calculated 
separately on the basis of the rates established in regulation L-33. 
The dominant use will determine the case designation of the combined 
permit. 

90034°— 11 3 . 



18 ]srATio]srAi. forest manual — special, uses.; 

When an applicant for a pasture in connection with a hotel or 
summer resort desires to make a charge for pasturing 
Pastures in animals owned by his guests, this should be consid- 
hotels? ^°^ ^^ ^^^^ ^^ fixing the rate per acre, and a higher charge 
made than when the pasturing is to be allowed free. 
The permit should fix the maximum number of animals which ma^y be 
allowed to graze within the pasture at any one time and the maximum 
charge per head per day which may be made, the amount not exceeding 
15 cents. Such pastures must not in any case include all of the avail- 
able grazing land or camping grounds in the vicinity, but must leave 
opportunity for the public to camp outside if they desire so to do. 

PEHMITS UNDSa BEGTJLATION I.-37. 

A permit to inclose and use not to exceed 320 acres of Forest land 
without charge ma}'' be granted in exchange for a waiver of exclusive 
use of private lands adjoining National Forest lands vvhen such an 
arrangement will be advantageous to the administration of a national 
forest. (Regulation L-37.) 

Before issuing permits under regulation L-37 the supervisor must 

determine that the title to the land for which a 

invofved waiver to its exclusive use has been given has passed 

from the United States and that the applicant has 

the right to its use. (See Forest Surveys and Boundaries — Forest 

Atlas^Alienation.) 

Permits may be based upon the following: 

_.,,,,, (a) Lands for which patent has issued by the 

Patented land, tt •/ j oj. i 

United States. 

(h) Railroad lands within the primary limits of a 
Railroad land, grant made by Congress, on land not classified as 

mineral. 
When an application for an inclosure permit in exchange for the 
use of private lands is received, a record will be made 
supervfsOT ^ showing the name and address of the applicant and 

description and acreage of the land owned or leased 
for which a waiver to the exclusive use is given. If after careful in- 
vestigation it appears advisable, the supervisor will issue the permit 
in triplicate, sending the original to the applicant, filing the dupli- 
cate, and sending the triplicate to the ranger in charge of the 
district. 

STOCK TANKS. 

Permits for the construction of stock watering tanks may be issued 
J, . free of charge to grazing permittees, provided that all 

ree permi s. ^iqq^ grazed under permit upon the range are allowed 
access to the water. The inclosure of not more than 40 acres in 
connection with the watering place may be allowed when necessary 
for the protection of the range, for which the usual pasture charge 
will be made. The inclosure of existing sources of water supply 
will not be allowed, and permits allowing the improvement or 
development of such sources of water supply must provide that the 
water Vv^ill be left open for the use of all stock grazed upon the range 
under permit. 



NATIONAL FOREST MAiSiUAL SPECIAL USES. 19 

WILD HAY. 

Permits to cut wild hay growing on National Forest lands may 

be issued on an acre basis by the supervisor or by 

^'t^b^f^ ^^t" ^o^^st officers designated by him. Cutting will not 

tijig. ' be permitted until the Forest officer is assured that the 

purchase price has been forwarded to the United 

States depository. 

In issuing permits to cut hay preference should be given those 
applicants who actually need the hay for their own 
plicaEts^^^'^^ ^^' ^®^ rather than to those who contemplate selhng it to 
others. 

GAME PB-ESEBVES AND FISH CTJLTUBE. 

No permits will be issued for game preserves or any use of land 
which would result in preventing or restricting lawful hunting or fish- 
ing in National Forests. 

Permits for the exclusive use of land for reservoirs for fish culture 
may be issued if the land applied for does not involve a natural lake 
or natural stream bed. 

SPECIAL BEQUmEMENTS. 

Such special requirements in special use cases must be inserted in 
the permits as are necessary to protect the interests of the National 
Forests. 

The following special requirements vnll be inserted, except in 
unusual cases where they are not applicable: 

This lake (or stream) will be open and free to the public at all 

Fish hatcheries times. , ^ , . . , , 

or other uses on Lawful fishing m the lake (or stream) during 
natiiral lakes and the open season shall not be prevented or re- 
streams, stricted. 

The United States Bureau of Fisheries has the right to use the 
lake (or stream) for purposes of artificial propagation. 

To construct and maintain fish ladders or fish- 
streams. ^^ ^ ways which will enable fish to pass over the dam 
at all times. 
Residences, re- To clear and keep premises clear of all inflam- 
sorts, etc. mal)le refuse and undergrowth. 

To clear and keep clear of all refuse, brush, or other inflam- 
mable material such width on each side of the 
Logging rail- track, and to observe such other precautions 
roads, tramroads, • 4. £■ i • j i, j.i. Tr< 4. 

etc. against fires as may be required by the r orest 

officers. (Where practical, to use only oil for fuel.) 

To clear and keep the land clear of all refuse and inflammable 

substance, and to observe such other precautions 

vSmelters, lime against fire as may be required by the Forest 

and charcoal %■ J ^ J 

kilns, etc. ofncers. 

To maintain effective apparatus to prevent the 
escape of any fumes injurious to vegetation. 



20 NATIONAL, FOREST MANUAL SPECIAL, USES. 

To allow Forest officers the free use of the line for official busi- 
_, , - ness to the nearest switchboard or exchange out- 

side or tlie h orest. 

To allow the Forest Service to make connections with the line 

free of charge, and to charge no toll for any messages over 

connecting lines built and maintained by the Forest Service, 

To build bridges at such points as the forest 

trails ^ ^ ^ ° officer in charge may designate. 

To build new roads or trails in place of any cut 
off or destroyed. 

This road (or trail) within the National Forest shall be 

open to free public use at ail times. 

, To dispose of all oft'al in such manner as the 

house^s^ ^^' Forest officer in charge shall require. 
_ . * To construct gates at such points as may be 

designated by the Forest officers. 
This permit gives no right to the exclusive use of any lands, and 
the range controlled by the fence must be open at all times to 
other permittees who are entitled to share its use. 

This permit shall be without effect except in connection with 
a grazing permit. 
- . To allow the use of this corral by Forest officers 

and all persons holding grazing permits. 

This corral shall, when in use, be examined 

Corrals equip- every day by permittee, and all stock not owned 

gates. ''^^ ^^^ ^^ controlled by permittee shall be turned out 

upon the range. 

To dispose of waste dipping solution and dead stock in such 

. manner as the Forest officers shall require, 

jjipping vats. Q^^y g^^^j^ grazing in the National Forest 

under permit (or covered by a crossing permit) shall be dipped 
in this vat. 

To leave watering places open to other stock grazing under 

_, ^ permit. 

To construct gates at such points as may be 
designated by the Forest officers. 

This permit shall be without effect except in connection v/ith 
a grazing permit. 

This permit shall be canceled whenever any of the land 
inclosed is listed for settlement under the act of June 11, 1906. 

The supervisor may in his discretion incorporate the following 
stipulation in pasture permits: "To allow the use of the in- 
closure at all times by the Forest officers for administrative 
purposes and for pasturing their saddle horses." This stipula- 
tion should only be inserted when such use is an administrative 
necessity, and in such cases the probable amount of use by 
Forest officers may be given consideration in fixing the fee to be 
charged. 

When an inclosure is allowed under Regulation Lr-37, the 
following condition should be inserted in the permit : ' ' The per- 
mittee, being the owner (lessee) of (give description) , 

shall allow the free and unrestricted use thereof to all stock 
permitted to graze on adjoining National Forest lands." 



NATIONAL FOSEST MANUAL SPECIAL USES. 21 

g. ^ X „j^ To keep the stock tank in good repair. 

This permit shall be without effect except in 
connection with a grazing permit. 

This permit is granted with the understanding that the stock 
tank when constructed shall not be destroyed and will become 
the property of the United States. 

When the inclosure of a stock tank is allowed, the following 
condition will be added: "To allow the use of this inclosure at 
all times by the Forest officers for administrative purposes." 

To cut timber and dispose of all refuse, including sawdust and 

S m'lls ^^^ waste material, as directed by the Forest 

officer; 

To equip all steam engines with approved spark arresters. 

To observe such other precautions against fire as may be 
required by the Forest officers. 



IITTEEIOR DEPARTMESTT EIGHTS OF WAY. 

EASEMENTS. 
EXPLANATIONS. 

The following rights of way, amounting to easements across National 
Forest lands, are provided for by Congress and are 

Jurisdiction. under the jurisdiction of the Secretary of the Inte- 
rior : 

The act of March 3, 1875 (18 Stat. 482), in so far as it is extended 
., , over National Forests by the act of March 3, 1899 

Railroad grant. ^^^ g^^^^ ^214), grants rights of way for railroads. 

The act of March 3, 1891 (26 Stat., 1095), as amended by the act 
of May 11, 1898 (30 Stat., 404), grants rights of way 

Grant forimga- ^gj-Qsg ^^q pubHc lands and National Forests for irri- 
gation reservoirs and canals. 

Section 4 of the act of February 1, 1905 (33 Stat., 628), grants 

Grant for munic- rights of way in National Forests for reservoirs, con- 
ipal and mining duits, and water plants for municipal and mining 
purposes. purposes. 

All applications for rights of way under the foregoing acts must be 

Applications to filed in the proper local land office of the Department 
local land offices, of the Interior. 

Particular attention is called to the fact, however, that the acts 
above mentioned, granting rights of way amounting 

Applicants may to easements for railroads, irrigation reservoirs and 

H^L''^^^fi*J?,^."i canals, and reservoirs, canals and water plants for 

of Agri culture ..' , ..,' ■■ , . ^ 

permits. mmmg and municipal purposes, do not m any way 

prevent or interfere with the securing of permits for 
these purposes from the Department of Agriculture. The issuance 
of a permit for any of the purposes named will not in any way prevent 
the permittee from fifing a map of location for approval and record 
by the Secretary of the Interior under the right-of-way acts. The 
granting of an Interior Department right of way supersedes the 
permit issued by the Department of Agriculture. 

The regulations of the Department of the Interior require that all 

appficants to that department for rights of way 

Stipulations to amountmg to easements in National Forests shall 

FOT^sts ^*^°°^ enter into such stipulations and execute such bonds 

as the Forest Service may require for the protection 
of the National Forests. 

AU such applications, when received from the General Land 

Office at Washington wiU be referred by the Forester 

Applications re- ^^ ^j^g District Forester of the District ui which the 

FOTester" ""^ eights of way applied for are situated, in order that 

the District Forester may, before recommending the 
approval of the right of way, require the appficant to file such stipu- 
lations and bond, if any, as may be necessary to protect National 
Forest interests. 
22 



NATIONAL FOREST MANUAL — SPECIAL "USES. 23 

PROCEDURE. 

An application filed in error with the Forester, District Forester, or 

Error in place of supervisor will be returned to the applicant for filing 
filing. in the proper local land office. 

When the Forester receives the map of application from the Gen- 

. , eral Land Office he will make three prints and return 

FoSster.^''*''*" the original with an appropriate letter. He will 

then send to the District Forester the prints and three 

carbon copies of his letter to the commissioner. 

Upon the receipt of the prints and carbons, the District Forester 

Initial action by Will forward two copies of each to the supervisor 
District Forester, and retain one copy of each for his own files. 

Upon the receipt of the prints and carbons, the supervisor will for- 
. ward one copy of each to the ranger, will cause an 

vi^r ° ^ ^'^^^^" ininiediate field examination to be made, and will 
report with recommendations to the District Forester 
on Forms 964 and 578. When it appears to the supervisor that the 
right of way applied for will be used m connection with the develop- 
ment of water power or may conflict with such development, he will 
recommend to the District Forester that a field examination be made 
by the District engineer. 

If in the judgment of the District Forester a field examination by 

District engi- the District engineer is necessary he will cause such 
neer's examina- examination to be made. In such cases the District 
*ion. engineer will m^ake a field examination of the project 

and collect all data bearing upon the case that may be necessary and 
available. Whenever practicable the supervisor will cooperate in 
making this examination. 

If the right of way is to be used for a railroad, the District engineer 
should determine whether in his judgment the road, if built, will 
cross reservoir sites of special value or those likely to be needed in the 
near future, or will interfere with power or other development already 
projected. In such cases, the District engineer should report whether 
the power or other use is so immediate or so important as to justify 
the department in recommending to the Secretary of the Interior 
that he require a relocation of the line before approving the applica- 
tion. 

If the application is for an irrigation right of way under the act of 
March 3, 1891, or for municipal or mining purposes under the act of 
February 1, 1905, the opportunity for the use of the right of way for 
other purposes, especially for the development of power, should be 
carefully investigated. 

After the completion of the examination and the collection of data, 
. the District engineer will submit to the District For- 
neer's report^"^^' ^^^er a report in duplicate on the project, describing 
it in detail, and giving the results of his examination. 
If the application is under the act of March 3, 1891, or February 1, 
1905, the report should state the amount of water to be used and the 
locality where used. If the development of power is contemplated or 
is possible, a careful estimate should be made of the amount of power 
capable of development, whether if developed it will be used com- 
mercially or otherwise, and the comparative value of the right of way 
if used as appUed for, or if used for the development of power. The 



24 NATIONAL FOREST MANUAL SPECIAL USES. 

report should, contain recommendations, with a full and concise 
statement of the reasons therefor, concerning the approval or dis- 
approval of the application. The dupKcate copy of the District 
engineer's report will be sent to the supervisor for his files. 

If upon the showing made in the report of the supervisor or the 
District engineer the District Forester believes the 
District Forest- application should be approved, he will prepare a 
vorable report. " stipulation in triplicate and submit the origmal to 
the applicant for execution. He will also send one 
copy to be retained by the applicant. Upon the receipt of the 
executed stipulation he will submit it to the District assistant 
to the Solicitor for approval as to its form a,nd execution, and 
when approved the District Forester will prepare a letter to the Com- 
missioner of the General Land Office for the signature of the Forester, 
reporting favorably upon the application, and will forward it, together 
with the executed stipulation, the supervisor's report, his own recom- 
mendations, and the correspondence file, to the Forester. A copy 
of the. stipulation will be sent to the supervisor for his files. In cases 
reported upon by the District engineer, all papers, including his 
report, will be transmitted through the chief engineer to the Forester. 
If upon the showing made in the reports of the supervisor and the 
District engineer, or upon his own knowledge of the 
District Forest- q.^qq t,he District Forester believes that the application 
er's action mun- 111-1, i i -n j. ^f x- 

favorable recort. should not be approved, he will not prepare the stipu- 
lation for execution by the applicant, but will forvfard 
the reports, recommendations, and other papers as in the case of a 
favorable report. He will also prepare and forward with the other 
papers a letter for the signature of the Forester to the Commissioner 
of the General La,nd Office, stating the grounds upon which the unfa- 
vorable action is recommended. If, however, the application is not 
approved because it appears to have been made under the wrong act 
and not to the wrong department, as for instance, an application made 
under the act of March 3, 1891, instead of the act of February 1, 1905, 
the District Forester will prepare the stipulation as in a favorable 
report, present it for execution by the applicant, and transmit it with 
the other papers. 

Upon the receipt of the report, recommendations, and other papers 

from the District Forester, the chief engmeer will 

enghieer examine the papers and reports, and will forward 

them, together with his own recommendations, to the 

Forester. 

After the recommendation has been made to the Department of 
. the Interior, the Forester will return all the papers 

FoSr!''*'''" ^ the case to the District Forester. When the For- 
ester receives notice from the General Land Office that 
a right of way is finally granted or denied, or that proof of construc- 
tion has been filed, he will forward such notice to the District For- 
ester, who will inform the supervisor. 



NATIONAL FOREST MANUAL SPECIAL USES. 25" 

BREACH OF STIPULATIONS. 

Legal proceedings are necessary to compel the grantee of rights of 

_ . . J v/ay to comply with the stipulations agreed to as a 

tion ne?essary.^ ' condition of the grant . Such proceedings will be under 

the direction of the Attorney General of the United 

States upon the recommendation of the Secretary of the Interior. 

In case of the breach of stipulations required by the Interior Depart- 

. . , ment, on the recommendation of the Secretary of 

pervison ^ ^"' -Agriculture, as a condition for the granting of rights 

of way amounting to easements in the National Forests, 

the supervisor will make a full report of the facts to the District 

Forester. 

In case of such a breach of stipulation by the grantee of the rights 
A f b D* ^^ ^'^^J} ^^® Department of Agriculture will report the 
trict FcSester. ^^" ^^^^^ ^^ ^^® Department of the Interior by a letter to 
the Secretary of that department, prepared by the 
District Forester in cooperation with the assistant to the Solicitor, for 
the signature of the Secretary of Agriculture, accompanied by all 
reports or other information bearing on the case. 

FORFEITURE OF GRANTS. 

Legal proceedings are necessary to secure the forfeiture of rights of 

_ ,. . J way amounting to easements. Such proceedings will 

tion necessary. *^" ^^ under the direction of the Attorney General of the 

United States upon the recommendation of the 

Secretary of the Interior. 

The supervisor will re|3ort the facts to the District Forester when 
. . , ^ construction work or use of the rights of way is not 
pervlson ^ ^^" completed within the statutory period, or when the 
rights of way are being used for the purposes not 
authorized by the act, as where a right of wajr secured under the 
irrigation right of way act is not used for the main purpose of irriga- 
tion, but for generating power for sale. 

In case of misuse or nonuse of rights of way amounting to ease- 
. , u jy- ments in the National Forests, the Department of 
trict^Forester. ^^" Agriculture will report the facts to the Department of 
the Interior by a letter to the Secretary of the Interior 
prepared by the district forester, in cooperation with the District 
assistant to the Solicitor, for the signature of the Secretary of Agri- 
culture accompanied by all reports or other information bearing upon 
the case. In cases reported upon by the District engineer all papers 
will be transmitted to the Forester through the chief engineer. 

When misuse of rights of way is involved, an examination should 
R rt f D* - ^® made by the district engineer, whenever in the 
trict^engineer. ^^" judgment of the District Forester such examination is 
desirable. The report should set forth the character 
of the misuse and such other facts as would be presented in a report 
upon an original application. The report will be in duplicate and 
one copy will be sent to the supervisor for his files. 



SPECIAI-USE FOEMS. 



Form 832 

(Revised March 18, 1911.) 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Special-Use Permit 

, , National Forest. 

(Jvind of use.) (Date.) 

. • Pennission is hereby granted to 

of , , to use the following- 
described lands: 

(Describe the lands to be occupied, if unsurveyed, by metes and bounds with ref- 
erence to a road or stream or well-known landmark; right of way by terminal points, direction, and lands 
occupied.) 



for the purpose of 

(Briefly but clearly describe tiie uss, giving area of inclosures, length and width 

of right of way, etc.) 



subject to the following conditions: 

1. The permittee shall pay to the National 

Bank of (United States depository), to be 

placed to the credit of the Treasurer of the United States, in consideration for this 

use, the sum of dollars ($ ), 

annually in advance from , 191. . ; and this permit 

shall have no force or effect until the first annual payment is made. 

2. The permittee shall comply with all the laws and regulations governing National 
Forests. 

3. This permit is subject to all valid claims. 

4. The permittee and employees, contractors, subcontractors, and 

their employees shall do all in their power, both independently and upon request of 
Forest officers, to prevent and suppress forest fires. 

5. The permittee shall dispose of brush and other refuse as required by Forest ofiicers. 

6. The permittee shall pay the United States for any damage resulting from this use. 

7. Construction work under this permit shall begin within 

months, be completed within years, and this use shall be 

actually exercised at least days each year, unless the time ia 

extended or shortened. 

8. This permit is not transferable, and shall terminate upon breach of any of the 
conditions herein, or at the discretion of the Forester. 

26 



NATIONAL FOREST MANUAL SPECIAL USES. 27 

(Reverse side of Form 832.) 



9. Timber shall be obtained 

(State whether by purchas3 or under free-use permit.) 



10 - 

(Any further conditions required.) 



(Date.) (Signature of officer issuing permit.) 

(Title.) 



Form 80 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
Railroad Stiptjlations 

Uses, 

(Forest.) 

• (Railroad). 

(Name of applicant.) 

(Date of application.) 

Wliereas, tlie railroad right of way applied for by the 

Co. (hereinafter called the Applicant) is within the National 

Forest, as shown by a certain tracing executed by 

on , 19 . . , and filed in the United States Land Office at 

: , State of on 

19.., and 

_ Whereas, the regulations of the United States Department of the Interior concerning 
rights of way for raihoads, reservoirs, canals, etc., provide that whenever such rights 
of way are located upon National Forests the Applicant must enter into such stipula- 
tions and execute such bonds as the Secretary of Agriculture may require for the pro- 
tection of the National Forests; and 

Whereas, the Secretary of Agriculture requires for the protection of said 

National Forest that the Applicant shall enter into the stipulation hereinafter set forth; 

Now, therefore, in consideration of the granting of the right of way applied for, the 
Applicant does hereby stipulate and agree, and does bind itself, its successors and 
assigns, as follows, to wit: 

_ 1. To clear and keep clear of all timber and other inflammable substance all of said 
right of way and all other lands owned or controlled by the Applicant as a right of way, 
however acquired, lying between the points where the center line of said right of way 
intersects said Forest boundaries and all lands of said forest within 200 feet of said 
center line; but the supervisor in charge of said National Forest may in writing specific- 
ally exclude from the operation of this clause such lands as he deems proper, as, for 
example, when a stream, the right of way of another railroad company, or other ade- 
quate fire break lies between the right of way of the Applicant and that part of the 
Forest which may be in danger from fire, to cut all trees, when physically possible, 
BO that they shall fall entirely within the strip to be cleared, and to remove all timber 
that, when cut on the strip to be cleared, may fall without the strip. 

2._ To pay to the National Bank of 

(United States depository), or such other depository or officer as may hereafter be 
designated by the_ United States, to be placed to the credit of the United States, 
in advance of cutting or construction, as required by the supervisor of said National 
Forest, for all live and dead timber, standing and down, merchantable in the judgment 
of the Forest supervisor, cut, damaged, killed, or destroyed on said right of way and 
the additional strip referred to in clause 1, title to which, at the time of said cutting, 
damaging, killing, or destruction, is in the United States, and for all other merchant- 
able live and dead timber on other lands of the United States damaged, killed, or 
destroyed in clearing said right of way in accordance with the scale or estimate of 
the Forest officers, at a rate to be fixed by the said supervisor which shall correspond 
to the prevailing stumpage rates charged on said Forest at the time said timber is 
cut, damaged, killed, or destroyed; and to dispose of all brush, refuse, or unused 
timber accumulating at such times upon such right of way or such additional strip 
in such manner as may be requhed by the Forest officers. 

3. To build new roads and trails as required by the Forest officers to replace any 
roads or trails destroyed by construction work upon said right of way, and to build 
and maintain suitable crossings, as required by the Forest officers, for all roads and 
trails which intersect the right of way, or for the passage of live stock, such crossings 
to be protected by suitable cattle guards. 

28 



NATIONAL FOREST MANUAL — SPECIAL USES. 29 

4. To require its employees, contractors, and employees of contractors, both inde- 
pendently and at the request of the Forest officers, to do all reasonably within their 
power to prevent and suppress fires. 

5. To pay to the United States depository or other officer as aforesaid, on demand, 
for any and all damage caused by fire or otherwise to the United States by reason of 
the use and occupation by the Applicant of its right of way within the exterior bounda- 
ries of said National Forest; and whenever any fire shall originate on or within 200 
feet of such right of way it shall be conclusively presumed to have resulted from 
said use and occupation, unless the Applicant shall show affirmatively either that the 
fire was set by others than itself, its employees or contractors, or the employees of 
euch contractors, or that every locomotive, engine, and boiler used on said right of 
way at the time of such fire used oil exclusively for fuel, or that such of them as did 
not use oil exclusively for fuel were equipped with suitable spark arresters or other 
standard equipment to prevent the escape of sparks or fire from smokestacks, ash pans, 
fire boxes, and any other part. 

6. To allow the Forest Service without charge to install and maintain telephone 
instruments in the railroad stations in said National Forest, and to string its telephone 
wires upon the poles erected by the Applicant along said right of way for the official 
business only of the Department of Agriculture: Provided, That no such instrumenta 
or wires so installed or strung shall be used in connection with or in furtherance pf 
the transmission of messages by telegraphy except for the official business of the said 
department; to require train crews to notify station agents of fires and of their direc- 
tion and distance from the station by the quickest practicable method; and the station 
agents to notify the Forest officers by means of such telephones of fires within said 
National Forest coming to their knowledge. 

7. To adopt and put into effect such code or system of locomotive signals, for the 
purpose of notifying station agents of forest fires, as may hereafter be secured by the 
Forest Service in cooperation with the officials of railway companies of the United 
States operating railroads in National Forests. 

8. To allow officers of the J'orest Service free and unrestricted access in, through, 
and across all lands covered by said right of way in the performance of their official 
duties; and the Forest Service may without charge construct or permit to be con- 
structed in, through, or across the land covered by said right of way, roads, trails, con- 
duits, and other means of transportation not inconsistent with the enjoyment of said 
right of way by the Applicant, its successors and assigns. 



To make any assignment or transfer of said right of way only after and on condition 
that the assignees or transferees, jointly and severally, covenant in writing to fulfill 
and perform all the duties and obligations of the Applicant arising hereunder, includ- 
ing its obligations under this paragraph. 

In witness whereof said Applicant has caused these presents to be executed, and 

its corporate seal to be hereunto affixed at , - 

on this day of ,19... 



[corporate seal.] By 

Attest: 



Secretary. 
N. B. — Evidence of authority to execute this instrument must be submitted with it. 



Form 81 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
Stipulations 
(Irrigation, Municipal, Mining.) 
(Acts Mar. 3, 1891; May 11, 1898; Feb. 1, 1905.) 

Usea 

(Forest.) 

(Name of applicant.) 

(Reservoir) (Conduit) 

(Date of application.) 

Whereas the right of way applied for 

by 

(hereinafter called the Applicant . . ) is within the 

National Forest, as shown by a certain tracing executed by 

on , 19- • , and filed in the United States Land Office at 

, State of 

on • , 19. . ; and 

Whereas the regulations of the United States Department of the Interior concern- 
ing rights of way for railroads, reservoirs, canals, etc., provide that whenever such 
rights of way are located upon National Forests, the applicant must enter into such 
stipulations and execute such bonds as the Secretary of Agriculture may require for 
the protection of the National Forests; and 

Whereas the Secretary of Agriculture requires, for the protection of said 

National Forest that the Applicant., shall enter into the stipulations hereinafter set 
forth: 

Now, therefore, in consideration of the granting of the right of way applied for, the 
Applicant., do., hereby stipulate and agree, and do., bind himself, his heirs, exec- 
utors, administrators, and assigns, and each of them jointly and severally (themselves, 
their heirs, executors, administrators, and assigns, and each of them jointly and sev- 
erally) (itself, its successors, and assigns) as follows, to wit: 

1. To pay to the National Bank of T 

(United States depository) or such depository or officer as may hereafter be designated 
by the United States, to be placed to the credit of the United States, in advance of 
cutting or construction, as required by the supervisor of said National Forest, for all 
live and dead timber, standing and down, merchantable in the judgment of the Forest 
supervisor, cut, damaged, killed, or destroyed, on said right of way, title to which at 
the time of said cutting, damaging, killing, or destroying, is in the United States, in 
accordance with the scale or estimate of the Forest officers, at a rate to be fixed by said 
supervisor, which shall correspond to the prevailing stumpage rates charged on said 
Forest at the time said timber is cut, damaged, killed, or destroyed; and to dispose of 
all brush, refuse, or unused timber accumulating at such times upon such right of way 
in such manner as may be required by the Forest officers. 

2. To pay to the United States depository or officer. . as aforesaid, on demand, for 
all damage to said National Forest resulting from the breaking of, or the overflowing, 
leaking, or seepage of water from, the reservoir or ditch, and for all damage to said 

30 



NATIOISTAL. FOREST MANUAL SPECIAL USES. ., 31 

National Forest caused by the negligence of the Applicant. . his (their) Cits) employees, 
contractors, or employees of contractors. 

3. To build new roads and trails, as required by the said Forest supervisor, to replace 
any roads or trails destroyed by construction work or flooding upon said right of way, 
and to build and maintain suitable crossings as required by the supervisor for all 
roads and trails which intersect the right of way. 

4. To require his (their) (its) employees, contractors, and employees of contractors, 
both independently and at the request of the Forest officers, to do all reasonably within 
their power to prevent and suppress fires. 

5. To allow officers of the Forest Service free and unrestricted access in, through, 
and across all lands covered by said right of way, in the performance of their official 
duties; and to allow the Forest Service, without charge, to construct or permit to be 
constructed in, through, or across the land covered by said right of way roads, trails, 
conduits, and other means of transportation not inconsistent with the enjoyment of 
said right of way by the Applicant. . . 



To make any assignment or transfer of said right of way only after and on condition 
that the assignees or transferees, jointly and severally, covenant in writing to fulfill 
and perform all the duties and obligations of the Applicant. . arising hereunder, 
including his (their) (its) obligations under this paragraph. 

In witness whereof, said Applicant. . has (have) caused this instrument to be exe- 
cuted at on this 

day of , 19. . . 



N. B. — When this instrument is executed by officers of a corporation, it must be 
accompanied by evidence of their authority to do so. 



Form 861 
(Revised June 1, 1910.) LETTES OF TRANSMITTAL 

See other side for instructions — read carefully. 

,191.. 

National Bank 

United States Depository, 



There is inclosed herewith a (1){ Jraft^^ ordev^ ^^^ 



dollars, 

drawn payable to your order, to be placed to the credit of the Treasurer of the United 
States. This deposit is 

(First, second, or third payment; payment in full; to cover advertisement; to accompany bid, etc.) 

on account of 

(Timber sale, special use, settlement for trespass, cooperative agreement, etc.) 



National Forest. 

(2) 

(Signature of payer.) 

(3) ' 

(Post OfflCP.) 



(Signature of Forest officer.) 



(Date in designation.) (Title.) 

Designate transaction in accordance withinstuctions in the Use Book. 

(Name.) 

Deposit on account of 

(Timber sale, special use, settlement for trespass, cooperative agreement, etc.) 

National Forest. 



[Reverse side of Form 861.J 
INFORMATION FOB PERSONS MAKING PAYMENTS. 

Indicate in the space marked (1) the character of your remittance, in (2) your name, 
and in (3) the address to which you wish the receipt sent. Failure on your part to make 
payments in the following manner will delay business: Make payments by postal or 

express money orders or by national-bank drafts, drawn payable to 

National Bank Do not send personal local checks. Send 

payment with the copy of this form furnished you by the Forest officer to 

National Bank 

INSTRUCTIONS TO FOREST OFFICERS. 

Furnish this form to persons making payments for timber and for the use of land or 
other resources of the National Forests except grazing. Enter in the spaces provided 
the amount of the remittance and the designation of the transaction on account of 
which the payment is made. 

Do not use this form for grazing permits. 

32 



IlsTDEX. 

rage. 

Administrative sites, permits to occupy 13 

prospectiag on 13 

special clause ia permits 13 

Advertising signs, unsightly, not permitted _ 13 

Agricultural, pasture, and wild-hay land imder one permit 17 

permits, payments to cease 15 

Ancient ruins and relics, action by District Forester 12 

Forester 13 

statutory provision ._ 12 

Antiquities, authority to examine given by Secretary of Agriculture 6 

permit to examine objects of 12 

Appeal from action of Forest officers G 

Applications, erroneously filed, how referred 9 

form of 9 

for permits, to whom made 9, 6 

rejection of 11 

reports on 9 

when referred to Reclamation Service 9 

Bonds, sawmill cases 10 

when required 10 

Boundaries, how marked 9 

Cases, closing of H 

Charges, for use of lands or resources 7 

may be fixed by supervisor 8 

rates of 7 

uses for which charge is made 7 

when determined by District Forester 8 

Secretary of Agriculture 8 

when rate not fixed 10 

Claims, special uses on 15 

Clauses, special ^ - 19, 20, 21 

Closing cases, hay sales 12 

road and trail. 12 

upon entry of land 12 

special use cases 12 

Conduits, for irrigation 14 

Corrals, area permitted 17 

District engineer, examination of application for right of way 23 

report on right-of-way application 23 

Drift fences, charge for, when made IG 

free use of material 16 

gates in IG 

map accompanying report 16 

removal or change of 16 

when permitted 16 

Easements, jurisdiction 22 

Emergency, excuse for taking, material without permit 8 

Fish culture - - 19 

Game preserves ' 19 

Hay, permits to cut, by whom issued 6, 19 

' sales, closing of cases 12 

Homesteads, permits on 15 

residence under permit not credited on final proof 16 

33 



34 INDEX. 

rage. 

Hotels, at mineral springa 13 

pasture in connection with 18 

Inclosures, charge for .' 7, 17 

effect on timber 17 

exempted stock 17 

may be authorized 17 

permitted in exchange for use of private lands 18 

when permitted 17 

Irrigation, conduits and reservoirs free 6, 14 

easement for conduits and reservoirs 22 

investigation of project by engineer 23 

works, rights of way for 22 

Lands, should be put to highest use 11 

Material, may be taken without permit in serious emergencies 8 

Mineral springs, hotels and dwellings adjacent to 13 

permits for 13 

Municipal and mining rights of way 22 

Pasture, agricultural, and wild-hay land under one permit 17 

in connection with hotels -. 18 

Pastures, area of 17 

permits allowing exclusive possession 17 

permittee must have grazing permit 17 

Payments, disposition of, when permit is canceled 8 

failure to make 12 

notification when due 10 

reminder cards 10 

second notice, when sent 10 

should fall due on first of month 10 

Permits, by whom revoked 6, 12 

combining different uses 17 

conditions and restrictions 6 

for fixed term 11 

form of 10, 26 

free, special clauses 10 

preparation and issuance 10 

revocation of 12 

special clauses in 19 

tenure of 11 

when closed 12 

who may grant 6 

Prospecting on administrative sites 13 

Reclamation Service, applications referred to 9 

Reports, by whom made 9 

forms for use in making 9 

Reservoirs for irrigation 14, 22 

Revocation of permits 6 

Right-of-way application, action of chief engineer 24 

District Forester 23 

Forester 24 

Rights of way, application for easement, where filed 23 

forfeiture of grant 25 

irrigation works 22 

municipal and mining pm-poses 22 

permits may be issued 14 

procedure on applications ; 23 

railroad 22 

stipulation to protect Forests 22, 28, 30 

Roads, generally permit must be secm-ed before road is constructed 8 

material used in construction may be obtained without charge 8 

may be changed and repaired by States or counties without permit 8 

constructed by States and counties without permit 8 

no toll shall be charged 8 

Roads and trails, closing of cases 12 

free use of materials for 8 

payment for material used in certain cases 8 

permits unnecessary for State and county roads 8, 13 



INDEX. 35 

Page. 

Special requirements 19, 20, 21 

Special use, definition of 6, 9 

what constitutes 9 

Stipulations, breach of 25 

in right-of-way cases 22 

report on breach 25 

Stock tanks, free permits 18, 21 

Telephone lines, on county roads 14 

permits necessary 14 

Telegraph lines, permits necessary 15 

Trails, material for construction of, may be obtained without charge 8 

may be constructed without formal permit , 8 

no charge shall be made 8 

Water, inclosm-e of, when allowed > 18 

power, possibilities of development when reported 14 

Wild hay, permit for 19 

preference applicant 19 

o 



■fl(. 



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